1.1. “Agreement” shall mean these standard terms and conditions of sale;
1.4. “Company” shall mean Ambience Hospitality Brands (Pty) Ltd with registration number 2016/133993/07;
1.3. “Customer” shall mean any natural person or other entity with whom the Company engages as contemplated in clause 3 hereunder;
1.4. “CPA” shall mean the Consumer Protection Act No.68 of 2008;
1.5. “Merchandise” shall mean any and all products and/or services which the Company offers to supply to Customers in the ordinary course of business;
1.6. “Parties” shall mean, collectively the Company and the Customer;
1.7. “Party” shall mean, individually, the Company or the Customer as required by the context of any particular clause of this agreement;
1.8. “Report” shall mean the report pertaining to the assessment conducted in terms of clause 6.1. below; and
1.9. “Supplier” shall mean each respective person and/or entity from whom the Company acquires Merchandise for the purpose of supplying same to Customers.
2.1. For purposes of this agreement, unless the context clearly requires otherwise:
2.1.1. the singular includes the plural; and
2.1.2. a reference to any one gender whether masculine, feminine or neutral, includes a reference to the other two genders; and
2.1.3. the headings in this Agreement are incorporated for convenience only and are not to be taken into account when interpreting this Agreement.
3. This Agreement is applicable to any and all:
3.1. sales made by the Company to any Customer, whether such sales be cash or credit based; and/or
3.2. transactions concluded by the Company with any Customer of whatever nature; and/or
3.3. services rendered by the Company to any Customer.
4. Warranties/Guaranties applicable to Merchandise
4.1. Subject to the CPA, where applicable, all Merchandise is sold subject to the warranties and/or guaranties provided by the Supplier of such Merchandise;
4.2. The terms of the warranties and/or guaranties as contemplated in clause 4.1 above are available on request from the Company.
4.3. No warranty and/or guarantee, whether provided by a Supplier or whether ex lege (by operation of law) shall be enforceable against the Supplier and/or the Company if the Merchandise to which such a warranty and/or guarantee applies is found to have been subject to user misuse and/or abuse, if any warning and/or user instructions were not complied with and/or if any damage is the result of normal “wear and tear”.
5. Return of merchandise
5.1. Subject to the CPA, where applicable, the Company is obliged to adhere to the Suppliers’ terms and conditions pertaining to return of Merchandise which may include, but is not limited to:
5.1.1. the customer returning any Merchandise to the premises of the Company at the customer’s cost and packed in the original or suitable packaging.
5.1.2. returning the said Merchandise to the Supplier for assessment by its chosen technicians; and
5.1.3. adhering to the Supplier’s recommendations and/or terms and conditions based on the abovementioned technicians’ reports and/or findings.
5.2. In the event of the return of any Merchandise which is not subject to any Suppliers’ warranty and/or guarantee, the Company shall be entitled to temporarily repossess the Merchandise in order to assess any alleged damage to the Merchandise returned and will, if applicable, comply with all of its obligations as required by the CPA;
5.3. Should the Customer be entitled to a refund of the price paid by the Customer of any Merchandise returned to the Company, the Customer is entitled to elect whether the said refund will take the form of cash or a credit redeemable at the Company.
6. Insurance claims
In the event of a Customer and/or Insurance Company instructing the Company to assess any damage to any Merchandise of the said Customer, the Company will:
6.1. conduct a full and accurate assessment of any and all damage found pertaining to the said Merchandise;
6.2. provide a copy of the Report to the Customer and the Insurance Company; and
6.3. in the event of the Insurance Company failing and/or refusing to approve the repair of all or partial of the damages as listed in the Report, the Company will fully advise the Customer of all of the consequences of not effecting all of the repairs as listed in the Report and it will be the responsibility of the Customer to instruct the Company on the repairs to be effected. The Company will affect the repairs as specifically instructed by the Customer and as such the Company will not be liable for any damage, loss and/or harm which may ensue as a result of the Customer electing not to affect the repair of all of the damages as listed in the Report.
7.1. Payment will be made in South African Rand in full, without set-off, prior to the delivery of any Merchandise, alternatively as agreed to between the parties in writing. All goods shall remain the property of the Company until paid in full.
7.2 Any amount quoted is subject to change dependant on the fluctuation in the rate of exchange.
8.1. All Merchandise purchased from the Company will be delivered by the Company’s agent and/or representative, unless otherwise agreed to in writing between the parties.
8.2. All delivery times are estimates and are non-binding, but delivery must be made within a reasonable time.
8.3. If the Customer refuses delivery of the goods, the Company may deliver the goods at the agreed place and claim full payment from the Customer.
- Decoration Tolerance
9.1 Due to the nature of the Merchandise, the Company may vary the volume of the delivered Merchandise by up to 10%, which variation is accepted by the Customer.
10.1 Risk is transferred to the Customer once the Merchandise is delivered to the Customer at the specified address.
10.2 Any and all Glassware Etching, Logo’s and Pour Line, is done at the sole risk of the Customer due to the high risk of breakage during the Etching process.
11 Special Order Goods
Any merchandise specifically ordered as per the customers’ order will only be placed once payment is made in full, which payment is not refundable.
12.1 All quotations are exclusive of VAT, and valid for 15 calender days only.
13.1. This Agreement constitutes the whole agreement between the Company and the Customer and no amendment to this Agreement will be valid and binding on the Parties unless same is reduced to writing and signed by both Parties.
13.2. No relaxation of the terms of this Agreement and no indulgence which one Party may grant to the other, will in any way operate as an estoppel against the former Party or be deemed to be a waiver of the former Party’s rights, or in any other way limit, alter or prejudice those rights.
13.3. Each clause or part of this Agreement is separate and severable from the rest of the Agreement. Should any one clause of this Agreement be unenforceable same will not affect the enforceability and/or validity of the rest of the terms and conditions.
The Parties consent to the jurisdiction of the magistrate’s court having jurisdiction, in respect of any dispute arising out of this Agreement and/or pursuant to the enforcement of this Agreement.
Should one Party institute legal action against the other based on this Agreement the successful Party will be entitled to recover all legal costs incurred, pursuant to and/or incidental to, including all disbursements incurred, such aforesaid legal action from the unsuccessful Party on a scale as between attorney and client.